By Porter Wright on The task of the Inspectors General of Federal agencies is to examine "all actions of a government agency or military organization. Conducting audits and investigations, either independently or in response to reports of wrongdoing, the OIG ensures that the agency’s operations are in compliance with the law and general established policies of the government. Audits … Continue Reading
By Porter Wright on Senator Lautenberg:This isn’t a reorganization of the way we function here. It is to be another version of TSCA, far less harmful but having a law that does cover the bases. Introduced by Senator Frank Lautenberg (D-NJ) on 04/14/2011, S. 847, the "Safe Chemicals Act of 2011", is the third bill introduced in the last … Continue Reading
By Porter Wright on This article originally appeared on the National Nanomanufacturing Network’s InterNano website. It is licensed under Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported. In its ongoing efforts to guard against potential unintended environmental, health, or safety injuries related to possible exposure to certain nanoscale materials, the US Environmental Protection Agency (EPA) plans to issue three new proposed nano-specific … Continue Reading
By Porter Wright on In the Federal Register issue of 08/13/2010, the Environmental Protection Agency (EPA) released for public comment a proposed rule that would, if adopted, significantly change the TSCA Inventory Update Reporting (IUR). The first part of the notice, "Supplementary Information", explains the proposed changes to 40 CFR Parts 704, 710, and 711. The text of the proposed rule … Continue Reading
By Porter Wright on In a notice published in the Federal register on July 28, 2010, the Environmental Protection Agency (EPA) announced that it was adding new information to its public docket EPA-HQ-OPPT-2009-0686 and was reopening the comment period for a proposed Significant New Use Rule (SNUR) for multiwalled carbon nanotubes (MWCNTS) first published in the Federal Register on February 3, … Continue Reading
By Porter Wright on On Friday, the United States Government Accountability Office issued its Report to the Chairman (Barbara Boxer) of the Committee on Environment and Public Works, US Senate, GAO-10-549: Nanotechnology: Nanomaterials Are Widely used in Commerce, but EPA Faces Challenges in Regulating Risk. Highlights from the report follow. The report confirms speculation that EPA intends to issue certain new … Continue Reading
By Porter Wright on Last September we predicted that sometime in 2010 EPA would reverse its "distinct molecular identity" approach to determining when and whether nanoscale materials are considered New Chemical Substances requiring premanufacturing notice and approval under the Toxic Substances Control Act (TSCA). We have been advising clients accordingly. Inside EPA is now reporting that "EPA toxics chief … Continue Reading
By Porter Wright on New Edition of Nanotechnology Law Report Inside you will find: EPA Considering New Approach to Nanoscale Materials Under TSCA EPA May Issue Mandatory Data Collection Rule for Nanoscale Materials Under TSCA EPA Takes Aim at Antimicrobial Products Under FIFRA EPA Unveils New Principles for Chemical Management Reform EPA Report on the Use of Nanoscale TiO2 … Continue Reading
By Porter Wright on Nanotechnology Law & Business just published our new article on the EPA’s recent treatment of nanoscale materials under the Toxic Substances Control Act. An abstract for the article is below and you can find a copy of the article itself here. Abstract: This article provides a summary of recent (2008-2009) regulatory efforts by the U.S. … Continue Reading
By Porter Wright on In recent weeks, Health care reform and financial regulatory reform efforts by the Obama administration have been getting the majority of the media and public’s attention, but at the same time reform and updating of the Toxic Substances Control Act (TSCA) has been in the background. Yesterday, during a speech to the Commonwealth Club of … Continue Reading
By Porter Wright on Eight months after EPA’s interim report on industry participation (or lack thereof) in its Nanoscale Materials Stewardship Program, EPA’s Toxic Substances Control Act’s ("TSCA") Interagency Testing Committee ("ITC") published a report in today’s Federal Register mentioning that EPA intends to issue a new mandatory data collection rule for nanoscale materials under TSCA Section 8(a): "EPA intends to develop … Continue Reading
By Porter Wright on Readers may interested in learning that EPA issued a clarification today regarding its single-walled and multi-walled carbon nanotube SNURs previously issued in June 2009. EPA’s announcement follows. Stay tuned . . . Good afternoon. On June 24, 2009, the U.S. EPA issued final Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for … Continue Reading
By Porter Wright on In the June 24, 2009 federal register, the U.S. Environmental Protection Agency (EPA) issued two proposed Significant New Use Rules (SNUR) under Section 5(a) of the Toxic Substances Control Act (TSCA) for multi-walled and single walled carbon nanotubes. The SNURs followed up on the EPA’s prior September 2008 consent orders entered into with Thomas Swan & … Continue Reading
By Porter Wright on Earlier today, the EPA published an interim status report regarding its Nanoscale Materials Stewardship Program. A final report is expected in early 2010. Nanoscale Materials Stewardship Program, Interim Report, January 2009, U.S. Environmental Protection Agency, Office of Pollution Prevention and Toxics. At the outset, EPA notes that "[t]he findings and conclusions [of the] report should not … Continue Reading
By Porter Wright on This article, which appeared in the Nov. 17, 2008 issue of Pesticide & Toxic Chemical News, Volume 37, No. 3, was reproduced with permission from Agra Informa. Further use of this article is prohibited without the express written permission of the publisher. For more information about Pesticide & Toxic Chemical News, Food Chemical News or other Agra … Continue Reading
By Porter Wright on Today, US EPA issued a Federal Register notice stating the Toxic Substances Control Act (TSCA) registration requirements are "potentially applicable to carbon nanotubes." EPA confirmed its position the CNTs are "chemical substances distinct from graphite or other allotropes of carbon listed on the TSCA inventory." The bottom line is stated succinctly by EPA: "Many CNTs may therefore … Continue Reading
By Porter Wright on The EC’s 2006 Registration, Evaluation, Authorisation and Registration of Chemicals ("REACH") regulations place "the responsibility for the management of the risks of [chemical] substances with. . .[the companies that] manufacture, import, place on the market or use [the] substances in the context of their professional activities." Guidance on Registration, Guidance for the Implementation of REACH, European … Continue Reading
By Porter Wright on Last month we reported on a press release by Thomas Swan & Co. Ltd. of the United Kingdom indicating the company had recently entered into a PMN consent order with the EPA under the Toxic Substances Control Act (“TSCA”) concerning one of its multi-walled carbon nanotube (MWCNT) products. Barring an unusual coincidence, it appears that EPA has … Continue Reading
By Porter Wright on As Mike Heintz reported earlier today, the Woodrow Wilson International Center for Scholars’ Project on Emerging Nanotechnologies issued a report yesterday providing some guidance regarding where it believes the next administration should start with the issue of nanotechnology regulation next January. J. Clarence Davies, "Nanotechnology Oversight: An Agenda for the New Administration," Woodrow Wilson International Center for Scholars, … Continue Reading
By Porter Wright on This week’s installment of the Bourne Report, the radio show on nanotechnology and MEMS we previously discussed here, includes a conversation with EPA’s Jim Willis concerning nanotechnology regulation efforts.… Continue Reading
By Porter Wright on Environmental Science & Technology recently released an editorial discussing nanotechnology safety issues and, more importantly, the recent debate over whether EPA should regulate nanoscale materials as new chemicals under TSCA. The editorial succinctly sets forth EPA’s position, as expressed by Jim Willis, EPA’s Chemical Control Division Director, on the TSCA issue this way: In an EPA document, … Continue Reading
By Porter Wright on New chemical substances that are not on EPA’s existing Toxic Substances Control Act (TSCA)chemical inventory are subject to premanufacturing notice and approval requirements. Many NGOs have urged EPA to treat all nanoscale materials as new chemical substances under TSCA because of potential environmental, health, and safety concerns shown in laboratory settings. Such treatment would trigger … Continue Reading
By Porter Wright on Just a reminder to those interested in commenting on US EPA’s draft documents concerning the Nanoscale Materials Stewardship Program (NMSP): comments are due to the Agency on or before September 10, 2007. US EPA is seeking comments on three draft publications: the "Concept Paper for the Nanoscale Materials Stewardship Program under TSCA, " the "TSCA … Continue Reading
By Porter Wright on On November 16, 2006, the American Bar Association held their second of eight teleconferences concerning the regulation of nanomaterials. The teleconference, moderated by Lynn L. Bergeson, entitled Nanotechnology: What You Need to Know on the Law, Regulation, and Science Policy Front , consisted of a three member panel, representing three different regulatory perspectives. The panel … Continue Reading
